trancyb vs Barclaycard - probably **WON** with Compound Int't

[slick132]

If these points, about compound interest and Statute Barred charges, are made in the Defence, there's no need to respond at all.

 

[trancyb]

Had a feeling you might say that ;-)

 

Cheers though, and on with the AQ then.

[trancyb]

Ok so ive sorted the 149 form they sent. But is this all that i need to have in the draft directions?

 

 

Draft Order for Directions

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

 

a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made

b) Copies of any statement or other document relied upon as showing that each and every charge has been made.

c) A statement of evidence of all matters relied upon as tending to show that the charges are unfair

d) Copies of decided cases and other legal materials to be relied upon

 

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

 

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon.

b) whether such charge is accepted to be a penalty, and if not why not.

If such charge is alleged to be fair, all facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable

d) Any witness statements

e) Copies of decided cases and other legal materials to be relied upon

 

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[trancyb]

And i now get this resposnse from them.

 

"At present we are unable to locate your Barclaycard account statements prior to May 2004. As you will note from our previous correspondence, we recognise that it is not cost effective for either party to take this matter all the way to trial. Therefore, if you intend to reach a negotiated settlement which takes into account the charges incurred prior to May 2004 please forward to us your evidence that these charges were ever incurred.

 

We will set out our full response to the issues raised in your email dated 27 March once we have received the full details of the alleged charges incurred on your account."

 

 

Its very tempting to email him back and just tell him i dont see why, they had no issue providing them to me less than 3 months ago!!!

 

Do i send them the statements or just fill out the AQ?

[slick132]

Hi Trancy,

 

Remember, the Barclays Litigation Team you are dealing with now may know nothing about what happened in your pre-court dealings with BC.

 

Send them the data for the older charges and enclose a copy whatever covering letter the older data came with. This will enable them to verify the charges and, hopefully, lead to a settlement before you have to print and submit your court bundles.

 

Return the AQ to court. Until you reach a settlement agreement with Barclays Litigation, you treat the claim like it will go all the way.

 

[trancyb]

Cool. I figured out i could scan it all from my phone so ive emailed them over. Hopefully they made it. Didnt send the covering letter but im sure i can dig it out if he needs it.

 

Are the directions above correct as they are? I suspect they are, but still feel the need to check!

 

 

Should anyone need a scanning app for the iPhone, i can highly recomend Genius Scan, its free and it was a piece of cake to use. Downloaded it and guessed how to use it in 2 minutes! If i can use it that easy, it deserves a big up as far as im concerned!

[slick132]

Noted.

 

Directions are fine but it's up to the judge as to whether the draft directions are used or not.

 

If not, the judge will issue their own.

 

[trancyb]

New offer of 2.5k. Told them no, and if they dont settle before i print my court bundles they will be added to the bill

 

Feels pretty close right now!

[trancyb]

Thank you for your email today. We will respond to the substantive points in

your claim separately, however I would like to take this opportunity to explain

that the deadline for filing Allocation Questionnaires has not yet passed and

this matter has not yet been listed for trial. In the interest of saving your

time and costs, I would suggest that you await the Court's directions before

preparing the trial bundle. For the avoidance of doubt, we will not be liable

for your cost of preparing the trial bundle at this early stage in the

proceedings.

 

I appreciate that you may not be familiar with court procedure and I would

recommend that you seek advice from a solicitor or your local Citizens' Advice

Bureau should you need any guidance on this point.

 

 

 

Just got this back. Not going to worry about it, just wait for the next offer.

[slick132]

Very kind of them to offer their advice. However, you merely said what you'd do IF you had to submit your Bundles, without saying WHEN you'd submit them.

 

I'd reply saying, :-

 

Thank you for your advice but I have no intention of submitting my court bundles too early.

 

If you agree to settle my claim, we can avoid the need for court bundles entirely.

 

I look forward to your response to the substantive matter.

[trancyb]

Thats almost exactly what i said. "Thanks for the advice, i will check and ensure i do it properly"

 

Thats offer 3 so far, and i think its the interest in restitution they are trying to avoid. Hopefully that means they are out of offers and will settle. Might be hopefull, but im thinking by the end of the week

[trancyb]

Ah well, or maybe i will hear nothing for a week!

 

Are the banks not obliged to respond to customer correspondence in a tmely manner? I remember working for an insurer and we were obliged to respond in 48 hours or give a reason why we couldn't.

[trancyb]

Ok so i get a response an hour later. Im almost convinced he is reading the thread!

 

1) Disagree to my 29.9% interest as there has never been an interest rate of 29.9% on the account. Also says "there is no legal basis to settle the claim for this inflated claim value"

 

2) There was an interest rate of 0% on the account for 2 years. They say that based on this they are making a fair offer and more than i would be awarded at court.

 

They have upped the offer by about 200 quid. Should i just reject it like the others, or is there anything i should worry about here?

[trancyb]

[ATTACH=CONFIG]43184[/ATTACH]Hopefully this works.

Edited April 15, 2013 by trancyb

[slick132]

Hi Trancy,

 

Barclays Litigation may well be reading the thread - after all, it's an open forum.

 

You're claiming int't in restitution so the claim does not necessarily reflect the rate of interest or the amounts you were actually charged on the a/c, nor does it need to. The 29.9% is a nominal rate

 

Barclays will usually pay compound interest if you stick to your guns, just like they will usually pay back charges older than 6 years, despite saying they won't.

 

I cannot say whether you should accept or reject their offer. As always, that's your prerogative.

 

Experience of recent BC reclaim cases suggests that, when you stay calm and hold out for what you've claimed, Barclays will pay in the end.

 

I was wondering if you should agree to reduce the nominal int't rate to 24.9%. However, I think the real issue is the claiming of int't in restitution, not the actual rate at which you claim it.

 

Reject the offer if you're comfortable in doing so, simply confirming that you're satisfied that you claim, and your arguments in support of it, are sound. And suggest that they consider settling your claim in the full amount claimed as per your enclosed SoC.

 

Once Barclays Lit'n Team decide to settle, they will insist that the settlement remains confidential. Refuse this attempt to silence you unless they are prepared to pay maybe £1,000 for your silence.

 

[trancyb]

Cheers slick, thats pretty much what i thought. Just wanted a little nudge of encoragement i guess. Im with you in that what they are resisting is the restitution.

 

Im staying strong! They havnt caused me this much grief for this long, to be let off!

 

I have no interest in being gagged! although to be fair, i probably CAN be bought!

 

Cheers once again slick, appreciated as ever.

[trancyb]

[ATTACH=CONFIG]43323[/ATTACH]

[trancyb]

Nice one. Waited a week to get the sole same offer. This bank is now really annoying me by dealing with it this way. I was going to stick with them, but this does NOTHING for my supposed trust in their profesionality!!! GRRRRR

 

Im guessing there is no need for me to explain my interest rate as its partly explained in the POC and the rest is to be expanded in the bundle.

 

Tempted to ask him to explain why his defence states "all charges before march 2013 are statute barred". Mr oh so keen on details!!

[ajs444]

Go for the throat trancyb, my court papers are in the process of being prepared.

[trancyb]

lol Thats why i wait for responses from slick these days! Thats my normal response style. Slick seems to be a little more detached than i am from the angry streak.

 

Maybe he will have a subtle way of explaining the points. Although i think a) its in the POC and b) it will be in the bundle. Bundle will be very soon! Had enough of the stalling for no reason now.

[slick132]

Hi Trancy,

 

Have you compared the amounts you would receive at 29.9% and at 24.9% compound int't.

 

Approx what difference does the lower rate make to the reclaim total.

 

Barclays Lit'n know fully that you do not have to use the a/c's contractual rate and you can use a nominal rate to claim restitutionary in't.

 

Perhaps they'll be more inclined to settle when the court sets a hearing date but it looks like, if you want in't at 29.9%, you may have to take this through to a hearing.

 

[Shelley181146]

Ok so i get a response an hour later. Im almost convinced he is reading the thread!

 

1) Disagree to my 29.9% interest as there has never been an interest rate of 29.9% on the account. Also says "there is no legal basis to settle the claim for this inflated claim value" They said the same to me.

 

2) There was an interest rate of 0% on the account for 2 years. They say that based on this they are making a fair offer and more than i would be awarded at court. Never had an interest rate of 0%, I should be so lucky, lol.

 

They have upped the offer by about 200 quid. Should i just reject it like the others, or is there anything i should worry about here?

And if you stay calm, they'll probably increase it again.

 

Slick guided me extremely well and I had B/C by the juggular not once but twice so stick with it. It was always going to be an uphill struggle for stuff over 6 years.

[trancyb]

Nice one Shelley, thats encourageing for sure! Im going to PM Slick a couple questions too, but i think youve just answered a couple of them

 

Yeah, 0% interest for two years, and never ending stress agravation and problems for me for about 10 thanks to them ripping me off! Hmm i wonder which of us was going through tons of stress due to the actions of the other. I doubt there 0% interest stopped them sleeping and made them ill like them ruining my finances with their dodgy charges did me!!

 

I had thought about this since i saw slicks last message! Teeth are well into barclays, and they are staying in! Im happy enough to walk into a court and see how they get on.

[trancyb]

[ATTACH=CONFIG]44998[/ATTACH]

[trancyb]

Wow it worked!

 

Ok so, i have stayed away from this thread for a while and have now got as far as a court date and have also submitted my bundle.

 

My draft directions were accepted by the judge and he requested they state re all charges if they were penalties, and if they werent a breakdown of the cost of each charge.

 

I received the above this morning. Barclays have not included the breakdown of charges, but have instead requested the case is struck out due to an abuse of process. They have also requested that if its not stuck out, the case is adjourned for them to provide the info.

 

It seems a bit like they are just wriggling here but i wanted to get a second opinion.

 

I also have there defence for the main case if that needs to be scanned.

 

Oh and sorry for the first 3 pages!